LATOOR @ CHAMPA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of the learned Sessions Judge, Jhalawar, dated 12th Sept., 1981 whereby the accused appellant was convicted and sentenced under Sec. 376 I.P.C. to five years rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine to further rigorous imprisonment for three months and under Sec. 323 I.P.C. to three months rigorous imprisonment. Both the substantive sentences were directed to run concurrently.

(2.) It has been contended on behalf of the accused-appellant that the conviction of the accused-appellant mainly rests on the testimony of the prosecutrix Mst. Kela. It has been contended that the prosecution has not succeeded in producing any other eye-witnesses to the incident. It was also contended that a reliance can be placed on the statement of PW 2 Kalu. It has also been contended that the learned trial Court erred in law in ignoring the fact that there were no marks of injury on the body of the prosecutrix and that there was no evidence of tearing of clothes or of any other violence. It was further contended that according to the prosecution evidence the age of the prosecutrix is 25 years and that of the accused appellant only 22 years. It was therefore, contended that it is not humanly possible for a single individual to commit rape on a lady. It was also contended that the learned trial Court has erred in placing reliance on the evidence of PW. 5 Dr. Jain, who has stated that there were partly live sperms in the vaginal smear.

(3.) The learned Public Prosecutor on behalf of the State has contended that there is no infirmity in the judgment of the trial Court and that the prosecution has succeeded in bringing the guilt home to the accused.